The plaintiff brought a motion for leave to appeal a costs order made by the trial scheduling judge, who had ordered the plaintiff to pay costs thrown away as a term of granting a further adjournment of the trial.
The plaintiff also sought an adjournment of this motion to obtain transcripts.
The Divisional Court denied the adjournment of the motion and dismissed the motion for leave to appeal, finding no error in the scheduling judge's exercise of discretion to award costs as a term of adjournment, particularly given the history of the proceeding and a prior unpaid costs order.
